HERITAGE CONSERVATION AND PRESERVATION ACT, 2010

HERITAGE CONSERVATION AND

PRESERVATION ACT, 2010

(Act No. XV of 2010)

THE JAMMU AND KASHMIR HERITAGE

CONSERVATION AND PRESERVATION ACT, 2010

(Act No. XV of 2010)

CONTENTS

Section.

CHAPTER I

Preliminary

1. Short title, extent and

commencement.

2. Definitions.

CHAPTER II

3. Declaration of tangible

heritage and heritage sites,

etc.

4. Acquisition of heritage site.

5. Temporary Protection Order.

6. Declaration of intangible

heritage like music, dance,

drama etc.

CHAPTER III

7. Constitution of Authority.

8. Constitution of Executive

Committee.

9. Appointment of Officers

and staff.

Section.

CHAPTER IV

10. Preparation, approval and

sanction of Heritage Conser-

vation and Preservation Plans.

CHAPTER V

11. Development Control.

12. Control of Changes/

Distortions/ Tampering in/

of Intangible Cultural

Heritage.

CHAPTER VI

13. Finance.

CHAPTER VII

14. Dissolution of the authority.

15. Penalties.

16. Composition of offences.

17. Court competent to try

offences under this Act.

18. Protection of action taken in

good faith.

19. Power to make rules.

544 HERITAGE CONSERVATION AND PRESERVATION ACT, 2010

Section.

20. Power to make regulations.

Section.

21. Powers to remove

difficulties.

–––––––

HERITAGE CONSERVATION AND PRESERVATION ACT, 2010 545

THE JAMMU AND KASHMIR HERITAGE

CONSERVATION AND PRESERVATION ACT, 2010

(Act No. XV of 2010)

[Received the assent of the Governor on 28th April, 2010 and

published in Government Gazette dated 29th April, 2010].

An Act to provide for conservation and preservation of heritage

both tangible and intangible, including buildings, structures,

monuments, precincts, areas/sites, artifacts, sculptures, paintings,

handicrafts, manuscripts etc. and music, dance, drama, performing arts,

poetry, living traditions like crafts and cuisine, traditional knowledge

systems, folklores, spiritual traditions; respectively of historic or

cultural or religious or aesthetic or architectural or environmental

significance and for matters connected therewith or incidental thereto.

Be it enacted by the Jammu and Kashmir State Legislature in the

Sixty-first Year of the Republic of India as follows:––

CHAPTER I

Preliminary

1.Short title, extent and commencement.––(1) This Act may be

called the Jammu and Kashmir Heritage Conservation and Preservation

Act, 2010.

(2)ItshallcomeintoforceonsuchdateastheGovernmentmay,

by notification in the Government Gazette, appoint :

Provided that different dates may be appointed for different

provisions of this Act and any reference in any such provision to the

commencement of this Act shall be construed as a reference to the

coming into force of that provision.

2.Definitions.––In this Act, unless the context otherwise requires,––

1. Enforced vide SRO

546 HERITAGE CONSERVATION AND PRESERVATION ACT, 2010

(a) “authority” means the Jammu and Kashmir Heritage

Conservation and Preservation Authority constituted under

section 7 ;

(b) “conservation” means protection, preservation and restoration

of heritage sites/areas, heritage precincts, buildings, artifacts,

handicrafts, paintings, fabrics etc. and shall include only such

developmental activity that will enhance the heritage significance

of the heritage site within the frame work of this Act ;

buildings, engineering, mining or other operations in, or over,

or under, land; or making of any material change in any

building or land; or in the use of any building or land; or

change to a heritage site including any material or structural

change in, or painting of, heritage building; or in a heritage

precinct; or on a listed natural feature; and includes demolition

of any existing building, structure; or erection of part of such

building, structure or erection and reclamation,

redevelopment, layout and sub-division of any land ; and “to

develop” shall be construed accordingly ;

(d) “development right” means the right to carry out development

or to develop land or building or both and shall include the

“transferable development right” in the form of right to utilize

the floor area ratio/floor space index of land utilizable either

on the remainder of the land partially reserved for public

purpose or elsewhere, as may be provided in the heritage

regulations or as per the Master plan for the area ;

(e) “director” means an officer authorized by the Government,

by notification in the Government Gazette, to exercise the

powers conferred, and to discharge the duties imposed, on

the Director under this Act ;

(f) “documentation” means formal recording of

characteristics or features or details of any tangible or

intangible item of heritage value after conducting survey

and research on the same ;

HERITAGE CONSERVATION AND PRESERVATION ACT, 2010 547

(g) “floor area ratio/floor space index” means the ratio derived

by dividing the total covered area of all floors by the area of

the plot ;

(h) “Government” means the Government of State of Jammu and

Kashmir ;

(i) “grading” means classification of heritage both tangible and

intangible according to its heritage significance and the same

shall determine in the case of tangible heritage, the levels of

intervention permissible in conserving, preserving,

maintaining and upgrading the heritage including sites,

buildings, artifacts, structures, streets, precincts etc. of historic

or architectural or aesthetic or cultural or environmental

significance and those natural features or sites of scenic beauty

including, but not restricted to, sacred groves, mountains,

hills, hillocks, lakes, rivers and other water bodies (and the

areas adjoining the same), open areas, wooded areas, points,

walks, rides, bridle paths etc. and in the case of intangible

heritage like music, dance, drama, the level or nature of

preservation or patronage or promotion required ;

(j) “heritage areas” means those areas of archaeological or

historical or architectural or aesthetic or scientific or

environmental or cultural significance including man made

and natural features and sites of scenic beauty (hereinafter

referred to as “listed areas” or “heritage areas”) which are

included in a list(s) published by notification in the

Government Gazette, by the Government, from time to time ;

(k) “heritage buildings” means buildings (including artifacts),

structures of historical or aesthetic or architectural or

environmental significance (hereinafter referred to as “listed

buildings” or “heritage buildings”) which are included in a

list(s) published by notification in the Government Gazette,

by the Government, from time to time ;

(l) “heritage inspection” means physical examination through

spot visit of the heritage by the authority or Municipal

548 HERITAGE CONSERVATION AND PRESERVATION ACT, 2010

Commissioner or Collector or Director concerned, as the case

may be, to ensure,—

(i) proper maintenance and conservation of the heritage ;

and

(ii) to ensure conformity with heritage and environmental

protection standards or requirements ;

(m) “heritage precincts” means streets and spaces including those

around a heritage building or a group of such buildings of

which they are part and parcel (hereinafter referred to as

“listed precincts” or “heritage precincts”) which are included

in a list(s) published by a notification in the Government

Gazette, by the Government, from time to time ;

(n) “heritage sites” means those buildings, artifacts, structures,

streets, areas and precincts of historic or aesthetic or

architectural or cultural or environmental significance

(hereinafter referred to as “listed sites” or “heritage sites”)

and those natural features of environmental significance and

sites of scenic beauty including, but not restricted to, sacred

groves, mountains, hills, hillocks, lakes, rivers, and other

water bodies (and the areas adjoining the same), open areas,

wooded areas, points, walks, rides, bridle paths etc. which

are included in a list(s) published by the Government, from

time to time ;

(o) “tangible heritage” means any material or physical heritage

like buildings, structures, artifacts, sculpture, handicrafts,

fabrics, paintings, etc. ;

(p) “intangible heritage” means those aspects of culture that are

non-material and abstract like music, dance, drama, poetry,

living heritage like traditional crafts and cuisine and

knowledge systems, folklore, spiritual traditions like yoga and

Sufism, etc. ;

(q) “land” means any area of land mass including water bodies ;

HERITAGE CONSERVATION AND PRESERVATION ACT, 2010 549

(r) “listing” means inclusion of any heritage, tangible or

intangible, in a list to be maintained by the Government, from

time to time, after the particular heritage has been declared

as a heritage to be conserved or preserved through a

notification in the Government Gazette by the Government,

from time to time ;

(s) “monument” means any ancient monument and site which

is not declared as such, by notification, to be a protected

monument under the Jammu and Kashmir Ancient

Monuments and Preservation Act, 1920 and the Ancient

Monuments and Archaeological Sites and Remains Act, 1958

(Central Act 24 of 1958) ;

(t) “natural feature” means those features of environmental

significance and sites of scenic beauty including, but not

restricted to sacred groves, mountains, hills, hillocks, lakes,

rivers, and other water bodies (and the area adjoining the

same), open areas, wooded areas, points, walks, rides, bridle

paths, etc. (hereinafter referred to as “listed natural feature”)

which are included in a list(s) published in the newspapers

by the authority or Municipal Commissioner or Collector or

Director as the case may be, from time to time ;

(u) “object” means any material or physical entity ;

(v) “owner” includes :—

(i) a joint owner invested with power of management on

his own behalf and other joint owners and successors

in title of any such owner ; and

(ii) any manager or trustee exercising powers of management

and the successor-in-office of any such manager or

trustee ;

(w) “place” means any geographical area or space ;

(x) “prescribed” means prescribed by rules made under this Act ;

550 HERITAGE CONSERVATION AND PRESERVATION ACT, 2010

(y) “preservation” means redeeming or saving any cultural

heritage, tangible or intangible, from decay and fading away

to protect and patronize it ;

(z) “regulations” means regulations made under section 20 of

this Act ;

(z-i) “rules” means the rules made under section 19 of this Act ;

(z-ii) “site” means areas, spaces, places, precincts, etc. ;

(z-iii) “survey” means preliminary investigation of any tangible or

intangible item or object of apparent heritage value with a

view to undertake research and documentation of the same

and its subsequent listing for its protection or preservation.

CHAPTER II

3.Declaration of tangible heritage and heritage sites, etc.—

(1) The Government may, on the recommendation of the authority

or Municipal Commissioner or Collector or Director as the case may

be, from time to time, by notification in Government Gazette declare

buildings, artifacts, sculptures, paintings, photographs, or structures,

streets, areas and precincts of historic or architectural or aesthetic

or cultural or environmental significance and sites of scenic beauty,

including but not restricted to, scared groves, mountains, hills,

hillocks, lakes, rivers, and other water bodies (and the areas

adjoining the same), open areas, wooded areas, points, walks, rides,

bridle, paths as heritage or heritage site to be protected, and grade

them as prescribed by the regulations, under this Act :

Provided that such declaration is made after survey, research,

documentation and grading of the heritage has been undertaken by the

concerned authority.

(2)Wheretheauthorityisoftheopinionthatitisnecessarysoto

do, it may, from time to time, by notification in Government Gazette,

and also by publication in leading newspapers, give thirty days notice

of its intention to declare any building, artifacts, structures, streets,

areas and precincts of historic or architectural or aesthetic or cultural

HERITAGE CONSERVATION AND PRESERVATION ACT, 2010 551

or environmental significance and a natural feature of environmental

significance and site of scenic beauty, including but not restricted to,

scared groves, mountains, hills, hillocks, lakes, rivers, and other water

bodies (and the areas adjoining the same) open areas, wooded areas,

points, walks, rides, bridle, paths etc. as heritage or heritage site from

protection under this Act, for inviting objections or suggestions in

writing from any person or the public or any organization and any

such notification and newspaper publication shall be affixed in a

conspicuous place near the site.

(3) On expiry of the said period of thirty days, the authority may

recommend to the Government for declaring any building, artifacts,

structures, street, precinct, area, or natural features to heritage or

heritage site, as the case may be, under sub-section (1).

(4)A heritage site so declared shall be graded according to its

heritage significance by the authority and the authority will also

determine the scope for change in the heritage site, if so required.

4. Acquisition of heritage site.—The Government may, by

notification in the Government Gazette, from time to time, acquire or

take possession of any heritage or heritage site for maintenance.

5.Temporary Protection Order.—If the authority considers that

a property has, or may have, heritage value or environmental

significance, or scenic beauty and is likely to be altered for any reason,

whatsoever, it may by order prohibit the owner or lessee, from making

any alteration of the property for a period of one hundred and twenty

days subject to such conditions or requirement as the authority may

consider appropriate :

Provided that within the said period, the Government may declare

such property as a heritage or heritage site, as the case may be, in

accordance with the provisions of this Act.

6.Declaration of intangible heritage like music, dance, drama

etc.—(1) The Government may on the recommendations of the authority

or Municipal Commissioner or Collector or Director, as the case may

be, from time to time, by notification in the Government Gazette declare

552 HERITAGE CONSERVATION AND PRESERVATION ACT, 2010

cultural items like music, dance, drama, living traditions like local

crafts and cuisines, knowledge systems, folklores, spiritual traditions

like Yoga, Sufism etc. as heritage to be protected under this Act after

conducting survey, research and documentation and grading them.

(2)WheretheGovernmentisoftheopinionthatitisnecessaryto

do so, it may, from time to time, by notification in the Government

Gazette and also by publication in leading newspapers give thirty days

notice of its intention to declare a particular cultural feature/ item such

as music, lyrics, dance, drama as heritage to be preserved, promoted

and patronized under this Act for inviting objections/suggestions from

general public.

(3) On the expiry of the said period of 30 days, the Government

may after considering the objections and suggestions, if any, received

by it, declare by notification in the Government Gazette the particular

cultural feature/item like music, dance, drama etc. to be heritage.

(4)Aheritageitemsodeclaredshallbepreserved,promotedand

patronized by the Government.

(5) A heritage or heritage site so declared shall be graded

accordingly to its heritage significance by the authority and the

authority shall also determine the scope for change in the heritage

site, if so required.

CHAPTER III

7. Constitution of Authority.—The Government may, by

notification in the Government Gazette, constitute an Authority known

as the “Jammu and Kashmir Heritage Conservation and Preservation

Authority” for the purposes of exercising powers and performing the

functions assigned to it under this Act.

8.Constitution of Executive Committee.—There shall be an

Executive Committee which shall co-ordinate and implement the

decisions of the Heritage Conservation and Preservation Authority. The

said Executive Committee shall consist of such persons, not exceeding

ten including the Member-Secretary as may be prescribed.

HERITAGE CONSERVATION AND PRESERVATION ACT, 2010 553

9.Appointment of Officers and staff.—In addition to the

Member Secretary of the authority, the Government may appoint

such officers and staff to assist the authority in preparation and

implementation of Heritage Conservation Plans as it deem fit. The

Directors concerned shall prepare proposals on the subjects

concerning them for listing, grading, conservation and preservation

of heritage etc. for the consideration and approval of the authority.

For this purpose, the authority may constitute one or more

committees as provided for in this Act and the Director concerned

shall be the Convener of the said Committee. The Director concerned

shall invariably submit all papers/proposals so prepared by him or

the Committee to the Heritage Conservation and Preservation

Authority through the Executive Committee.

CHAPTER IV

10.Preparation, approval and sanction of Heritage Conservation

and Preservation Plans.—(1) The authority shall within such time as

may be prescribed have the Heritage Conservation/Preservation Plans

in respect of both tangible and intangible heritage prepared by the

concerned Commissioners or Collectors or Directors or Committees.

(2) Such Plans may propose or provide for all or any of the

following matters, namely:—

(a) regulations for preservation, conservation and administration

of heritage (objects, buildings, sites etc.) ;

(b) listing and grading of heritage ;

heritage ;

(d) specific urban/rural design proposals in the case of heritage

sites in order to preserve and protect the character of the area ;

(e) proposals for incentives such as tax exemption, transfer of

development rights or acquisition of property, if found

necessary for the protection of heritage or heritage sites ;

554 HERITAGE CONSERVATION AND PRESERVATION ACT, 2010

(f) proposals on a case to case basis, for any relaxation to

development control regulations necessary for the protection

and enhancement of the heritage value of the heritage/sites :

Provided that all such provisions of the Heritage Conservation

Plans shall as for as possible, be in conformity with the existing laws

on the relevant subject/ building by-laws applicable to local bodies

and Master Plan for the respective localities.

(3) After submission of the Heritage Conservation Plans but not

later than such date as may be prescribed, the Government may, after

consulting the authority, either approve such plans or approve them

with such modifications as the Government may consider necessary or

return them to the authority to modify the plans or prepare fresh plans

in accordance with such directions as the Government may issue in

this behalf and the modified plans as prepared by the authority shall be

resubmitted to the Government for its approval.

(4) The Heritage Conservation Plans approved by the Government

shall be published by the Government by notification in the Government

Gazette and leading newspapers published in the State for inviting

suggestions or objections from the public. If objections and suggestions

are received from the public within the stipulated period, the

Government shall consider the same and after getting opinion of the

authority, modify the Heritage Conservation Plan accordingly, if

necessary and grant sanction to the same :

Provided that once the said plans are prepared by the authority, all

permissions for development that might affect the heritage/heritage sites

shall be in conformity with the said plans.

(5) If any heritage/heritage site has not been listed / incorporated

in the Heritage Conservation Plan, the authority may, from time to time,

issue a notice in leading newspapers published in the State to give the

same, the status of heritage/heritage site inviting objections and

suggestions within thirty days from the publication of the notice.

(6) After the expiry of the period specified in sub-section (5) and

after considering the objections and suggestions, if any, the authority

HERITAGE CONSERVATION AND PRESERVATION ACT, 2010 555

shall, if it finds fit, recommend to the Government that the object/

property be declared as a heritage/heritage site and the Government

may declare the same accordingly.

CHAPTER V

11.Development Control.—(1) After the date of preparation of the

Heritage Conservation Plans by the authority under section 12, all

licenses, building licenses, Planning permissions affecting Heritage

objects/sites including the views and lines of sight of or from them

shall be issued by the local planning authority, municipal body, local

body or Collector/Director concerned only in conformity with the

provisions of the heritage regulations made and the Heritage

Conservation Plans approved, and on the advice of the authority or of

the Heritage Conservation Committees constituted by the authority

under this Act.

(2) Any relaxation of the existing laws/building bye-laws or

incentives provided under a Heritage Conservation Plan or otherwise

shall require the owner, lessee or power of attorney holder, as the case

may be, to execute an undertaking agreeing to maintain the listed

heritage object/building in good condition/ state of good repair and to

preserve its heritage value with due maintenance and such owner, lessee

or power of attorney holder, as the case may be, shall permit heritage

inspections after due notice by the authority and shall duly implement

the suggestions made in this regard.

(3)The owners, lessees and power of attorney holders of listed

heritage objects/sites shall not carry out development on heritage objects/

sites nor shall they demolish, alter, or add to them or undertake repairs

thereof, without the prior permission of the authority or of the Heritage

Conservation Committee constituted by the authority. Such permissions

may be refused or granted, as the case may be, based on the findings of

the inspections carried out by the authority or Municipal Commissioner

or Collector or Director, as the case may be, or the Heritage Conservation

Committee or any officer authorized by the authority.

(4)Incasedemolitionsormajor changesofaheritageobjector

building or a building in heritage precinct, or a major development on

556 HERITAGE CONSERVATION AND PRESERVATION ACT, 2010

a listed natural feature is recommended under extraordinary

circumstances or major repairs are to be undertaken as a result of the

heritage inspections report, the authority or the Heritage Conservation

Committee shall give thirty days notice in the news-papers calling for

objections and suggestions from the public and take a decision after

considering the objections and suggestions received, if any.

(5)If the authority or the Heritage Conservation Committee

comes to the conclusion that a listed heritage object/site is not being

maintained properly or that such site needs repair, the authority shall

serve a notice on the owner, lessee or power of attorney holder, as the

case may be, to maintain the heritage object/site properly or to repair

the object/site within thirty days of the service of the notice and in

the event of non-compliance, the authority or the Heritage

Conservation Committee shall take such steps as to carry out the

necessary repairs and recover the cost from such owner, lessee or

power of attorney holder, as the case may be, and if the latter fails to

make the payment, the amount shall be recoverable by the Government

as arrears of land revenue.

(6) Conservation cells shall be created by the authority for the

maintenance and restoration of all listed heritage object, buildings,

heritage sites and heritage areas which shall be headed by a Chief

Architect/Chief Conservationist with such specialization in architecture

and conservation of artifacts as may be prescribed.

(7)SuchChiefArchitect/ChiefConservationistshallbesupported

by technical staff with prescribed qualifications and shall follow the

prescribed and established guidelines for the conservation of such

heritage objects/buildings and sites.

12.Control of Changes/Distortions/Tampering in/of Intangible

Cultural Heritage.—The Government or authority shall control

changes/distortions/tampering etc. in/of intangible Cultural Heritage

like, music, poetry, traditional knowledge systems, living traditions

like crafts and cuisines etc. by devising such Scientific

Documentation Methods/ Heritage Patent Regimes/Intellectual

Property Rights/Community Rights over such Intangible Cultural

Heritage, as may be prescribed.

HERITAGE CONSERVATION AND PRESERVATION ACT, 2010 557

CHAPTER VI

13.Finance.—(1) The Government may constitute a fund known

as the “Jammu and Kashmir Heritage Conservation and Preservation

Fund” for the purpose of,—

(a) maintenance and improvement of heritage objects, areas,

buildings, heritage precincts and heritage sites and

environmentally sensitive areas ; and

(b) preservation and promotion of intangible cultural heritage.

(2) The Heritage Conservation and Preservation Fund would have

a “Corpus Money” to the tune of Rupees 50 crores which shall be

earmarked by the Government.

(3) The Government may, from time to time, allocate to the Fund

moneys from the Consolidated Fund of the State and contribution to

the fund may also be received by way of donations, grants, etc. from

individuals, trust, local bodies companies and other agencies towards

heritage conservation.

(4)MoneysmaybeadvancedbytheGovernmenttotheauthority,

as grants or loans, on such terms and conditions as the Government

may determine, for the performance of its functions under this Act.

(5) The said fund shall be administered by the Government and

audited by the Accountant General every year.

(6)Every local body/concerned departments in the State shall

contribute such moneys to the fund account of the authority as the

Government may specify from time to time.

(7)Theauthorityshall utilizethefundfor meeting:—

(a) the cost of acquisition of heritage objects, building, artifacts,

handicrafts or heritage precincts or heritage area for the

purpose of conservation ;

558 HERITAGE CONSERVATION AND PRESERVATION ACT, 2010

(b) the expenditure for any development or works on any tangible

heritage and preservation and promotion of any intangible

cultural heritage as contemplated in the Heritage Conservation

and Preservation Plan.

(8)The authority may disburse funds to the owners, lessees or

power of attorney holders of listed heritage objects/buildings, artifacts,

handicrafts, paintings etc. even if they are private, for maintenance of

the buildings, artifacts/handicrafts/paintings in good condition, if such

maintenance are found necessary. Besides, funds/ incentives may be

given to individuals/groups/communities for preserving intangible

cultural heritage.

(9)The authority shall approve everyyear, a budget in respect

of the next financial year with its estimated receipts and expenditures

under the fund.

CHAPTER VII

14. Dissolution of the authority.—(1) Where the Government is

satisfied that the purposes for which the authority was established under

this Act have been substantially achieved so as to render the continued

existence of the authority in the opinion of the Government,

unnecessary, the Government may, by notification in the Government

Gazette, declare that the authority shall be dissolved with effect from

such date as may be specified in the notification and the authority shall

be deemed to have been dissolved accordingly.

(2) From the said date,—

(a) all properties, funds and dues which are vested in, or realizable

by the authority shall vest in, or be realizable by the

Government ;

(b) all liabilities which are enforceable against the authority shall

be enforceable against the Government ; and

preservation activity which has not been fully carried out by

the authority and for the purpose of realizing properties, funds

HERITAGE CONSERVATION AND PRESERVATION ACT, 2010 559

and dues referred to in clause (a), the functions of the authority

shall be discharged by the Government.

15.Penalties.—(1) Whoever contravenes any provisions of

this Act or the rules and regulations made thereunder or fails to comply

with any direction or order lawfully given to him or any requisition

lawfully made upon him, shall on conviction, be punished with

imprisonment for a term which may extend to three years and with fine

which may extend to ten thousand rupees, or with both and for any

subsequent offence, with fine which may extend to five thousand rupees

for every day of continuance of offence thereafter.

(2)Incaseofwilfuldamage,neglect,demolitionormajorchange

to the whole or portion of a heritage/heritage site, the offender shall

forfeit his right to construct any further structure on the site or to carry

out any further development on the heritage and the undoing of the

development/removal of the structure already constructed in

contravention of the provisions of this Act or the rules, regulations or

orders made or issued thereunder, shall be at the cost of the owner,

lessee or power of attorney holder, as the case may be, or even the

agent/builder making the construction/development.

16. Composition of offences.—(1) The authority by general or special

order in this behalf, may in special circumstances and for reasons to be

recorded in writing, either before or after the institution of the proceedings,

compound any offence made punishable by or under this Act :

Provided that no offence shall be compoundable which is

committed by failure to comply with a notice, order or requisition issued

by or on behalf of the authority unless and until the same has been

complied with so far as the compliance is possible.

(2)Where an offence has been compounded, the offender, if in

custody, shall be discharged and no further proceedings shall be taken

against him in respect of the offence so compounded.

17.Court competent to try offences under this Act.—No Court

inferior to that of a Sessions Court shall try any offence punishable

under this Act.

560 HERITAGE CONSERVATION AND PRESERVATION ACT, 2010

18.Protection of action taken in good faith.—No suit, prosecution

or other legal proceedings shall lie against any person for anything

which is in good faith done or intended to be done in pursuance of this

Act or of any rules or regulations made thereunder.

19. Power to make rules.—The Government may, by notification

in the Government Gazette, make rules to carry out all or any of the

purposes of this Act including constitution of an authority under section

7 and prescription of the date for approval of conservation plans by the

Government.

20. Power to make regulations.—(1) The authority may make

regulations concerning any matter which is to be, or may be, prescribed

under this Act.

(2)Withoutprejudiceto thegeneralityofitspowers,undersub-

section (1), the authority may make regulations to provide for all or

any of the following matters:—

(a) gradation of heritage both tangible and intangible declared

as such for protection and preservation under the Act ;

(b) prescription of the specialization in architecture/conservation

as required for the Chief Architect/Chief Conservationist

respectively to head the conservation cells ;

Chief Architect/Chief Conservationist ;

(d) prescription of the guidelines to be followed by the Chief

Architect/Chief Conservationist for conservation of heritage

building, artifacts and sites ;

(e) prescriptions of guidelines to be followed by Directors

concerned for preservation and promotion of intangible

heritage ;

(f) any other matter which is to be, or may be prescribed under

this Act.

HERITAGE CONSERVATION AND PRESERVATION ACT, 2010 561

21.Powers to remove difficulties.—If any difficulty arises in giving

effect to the provisions of this Act, the Government may, by order, do

anything which appears to it to be necessary for the purpose of removing

the difficulty :

Provided that no such order shall be made after the expiry of two

years from the date of commencement of this Act.

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